CRI (2001) 41 SECOND REPORT ON THE RUSSIAN FEDERATION Adopted on 16 March 2001 Strasbourg, 13 November 2001 For further information about the work of the European Commission against Racism and Intolerance (ECRI) and about the other activities of the Council of Europe in this field, please contact: Secretariat of ECRI Directorate General of Human Rights – DG II Council of Europe F - 67075 STRASBOURG Cedex Tel.: +33 (0) 3 88 41 29 64 Fax: +33 (0) 3 88 41 39 87 E-mail: [email protected] Visit our web site : www.ecri.coe.int Foreword The European Commission against Racism and Intolerance (ECRI) is a body of the Council of Europe, composed of independent members. Its aim is to combat racism, xenophobia, antisemitism and intolerance at a pan-European level and from the angle of the protection of human rights. One of the pillars of ECRI’s work programme is its country-by-country approach, whereby it analyses the situation as regards racism and intolerance in each of the member States of the Council of Europe and makes suggestions and proposals as to how to tackle the problems identified. At the end of 1998, ECRI finished the first round of its country-by-country reports for all member States. ECRI’s first report on the Russian Federation is dated 19 June 1998 (published in January 1999). The second stage of the country-by-country work, initiated in January 1999, involves the preparation of a second report on each member State. The aim of these second reports is to follow-up the proposals made in the first reports, to update the information contained therein, and to provide a more in-depth analysis of certain issues of particular interest in the country in question. An important stage in ECRI’s country-by-country work is a process of confidential dialogue with the national authorities of the country in question before the final adoption of the report. A new procedure in the second round of country reports is the organisation of a contact visit for the ECRI rapporteurs prior to the drafting of the second report. The contact visit to the Russian Federation took place on 13-17 November 2000. During this visit, the rapporteurs met with representatives of various ministries and public administrations responsible for issues relating to ECRI’s mandate. ECRI warmly thanks the Russian national authorities for their wholehearted co-operation in the organisation of the contact visit, and in particular would like to thank all the persons who met its delegation each of whom provided much valuable information on their own field of competence. ECRI would also like to thank the Russian national liaison officer whose efficiency and collaboration were much appreciated by ECRI's rapporteurs. Furthermore, ECRI would like to thank all the representatives of non-governmental organisations with whom its rapporteurs met during the contact visit for the very useful contribution they made to the exercise. The following report was drawn up by ECRI under its own responsibility. It covers the situation as of 16 March 2001 and any development subsequent to this date is not covered in the following analysis nor taken into account in the conclusions and proposals made by ECRI. Executive summary Against a background of continuing political, economic and social change, the Russian Federation has taken some positive steps over recent years which are relevant to combating racism and intolerance. These include the launch of an inter-agency programme aimed at the promotion of tolerance and the prevention of extremism in Russian society, a number of concrete measures and proposals to combat extremist parties and movements, the adoption of framework legislation to enhance the protection of small indigenous communities and the increasing activity of the Office of the Human Rights Commissioner. ECRI also notes that the Constitutional Court has continued to play a fundamental role in strengthening the ability of the federal authorities to ensure that human rights, and particularly protection against racism and discrimination, are observed in all the subjects of the Federation. Recent measures aimed at ensuring that federal policies and legislation are applied at all levels are also noted in the report along with the potentially positive impact that such measures could have on the implementation of policies and legislation in the field of human rights in general and, more particularly, in the areas covered by ECRI’s remit. Problems of racism, xenophobia and discrimination persist, however and concern notably -- although not exclusively -- Chechens and other persons from the North Caucasus, persons from Central Asia, refugees and members of the Jewish community. These problems are in part linked to the difficulties encountered in ensuring that federal legislation and policies are applied at the regional and local levels. An illustration of this is the discrimination originating from the system of registration of residence and temporary stay and its enforcement procedure, an issue of particular concern to ECRI. The behaviour – of what seems to be a significant scale -- of law enforcement officials vis-à-vis members of certain minority groups is also cause for serious concern. Concern is also expressed at the unsatisfactory implementation of existing law provisions against racial violence and hate speech. These phenomena are in part connected to the presence of extremist groups and political parties and to the exploitation of social prejudice. Also noted with concern is the absence of comprehensive civil and administrative antidiscrimination statutory provisions covering discrimination in different fields of life including provision for a fully effective specialised body. In the following report, ECRI recommends to the Russian authorities that further action be taken to combat racism, xenophobia, discrimination and intolerance in a number of areas. These recommendations cover, inter alia: the need to ensure that federal legislation and policies in the areas covered by ECRI’s remit are applied at the regional and local levels; the need to review the system of registration of residence and temporary stay and its enforcement procedure in order to ensure that it is not discriminatory in practice; the need to counter illegal behaviour on the part of law enforcement officials, particularly against vulnerable groups; the need to improve and substantially strengthen the response of the authorities to racial violence and hate speech, including through a more effective implementation of existing legal provisions; the need to continue the process of countering extremist political parties and groups; and the need to adopt a body of comprehensive civil and administrative antidiscrimination provisions covering discrimination in different fields of life. SECTION I: OVERVIEW OF THE SITUATION A. International legal instruments 1. The Russian Federation has ratified many international legal instruments relevant in the field of combating racism and intolerance. ECRI welcomes the signature by the Russian Federation of the Additional Protocol N°12 to the European Convention on Human Rights, which widens in a general fashion the scope of application of Article 14 of the Convention and contains a non- exhaustive list of grounds of discrimination. ECRI encourages the Russian authorities to ratify this Protocol as soon as possible. In its first report, ECRI urged the Russian authorities to sign and ratify the European Charter for Regional or Minority Languages. ECRI notes that the Russian Federation has signed the Charter and reiterates its call for a prompt ratification of this instrument. In its first report, ECRI furthermore urged the Russian authorities to sign and ratify the European Social Charter. ECRI welcomes the signature of the Revised Social Charter by the Russian Federation in September 2000 and urges the Russian authorities to expedite the process of ratification. ECRI also urges the Russian authorities to ratify the European Convention on Nationality, which the Russian Federation signed in November 1997. It furthermore encourages the Russian authorities to sign and ratify the European Convention on the Legal Status of Migrant Workers and the Convention on the Participation of Foreigners in Public Life at Local Level. B. Constitutional provisions and other basic provisions 2. Under Article 19(1) of the 1993 Constitution of the Russian Federation, the State guarantees equal rights and liberties regardless of, inter alia, sex, race, nationality, language, residence, attitude to religion and moral convictions. Article 19(2) prohibits restrictions of the rights of citizens on social, racial, national, linguistic or religious grounds. 3. Article 13(5) prohibits the establishment of public associations whose aims and actions are directed, inter alia, at incitement to social, racial, national and religious strife. Article 29(2) Prohibits propaganda or campaigns inciting social, racial, national or religious hatred and strife. 4. In Russian language and law, nationality usually means ethnic, national or religious origin or affiliation. On this basis, Article 26(1) of the Constitution stipulates that everyone is entitled to determine and indicate his national affiliation and that no-one may be compelled to determine and indicate his national affiliation. ECRI notes that mention of nationality is still imposed in some official documents issued at the level of the regions. ECRI encourages the Russian authorities to ensure that all identification and other official documents issued at the level of the regions are in conformity with the guarantees enshrined in the Constitution. 5. According to Article 26(2), everyone has the right to use his or her native language and of the free choice of language of communication, upbringing, education and creative work. Language rights are also protected by Article 68, whereby the Russian Federation "guarantees to all its peoples the right to retain their native language and to create conditions necessary for its study and development". Specific reference is made in Article 69 to the guarantee of the rights of "numerically small indigenous peoples". As will be mentioned below, primary legislation has been enacted to put this principle into practice1.